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24-1599 Noise Control Code Updates
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24-1599 Noise Control Code Updates
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5/21/2024 4:25:01 PM
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5/21/2024 4:24:56 PM
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City Clerk
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Ordinances
City Clerk - Date
5/13/2024
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ORDINANCE 24-1599 <br />AN ORDINANCE OF THE CITY OF CASSELBERRY, FLORIDA, <br />RELATING TO NOISE CONTROL; REPEALING AND REPLACING <br />SECTION 58-56, "UNNECESSARY OR DISTURBING NOISE" WITHIN <br />ARTICLE III, "OFFENSES, AGAINST PUBLIC PEACE" OF CHAPTER <br />58, "OFFENSES, PUBLIC NUISANCES, AND MISCELLANEOUS <br />PROVISIONS" TO UPDATE BASED ON RECENT CASE LAW; AND BY <br />AMENDING SECTION 2-210, "SCHEDULE OF VIOLATIONS" WITHIN <br />ARTICLE V, "CODE ENFORCEMENT CITATIONS" OF CHAPTER 2, <br />"ADMINISTRATION" OF PART II OF THE CODE OF ORDINANCES; <br />AND BY REPEALING AND REPLACING PARAGRAPH G., "NOISE," OF <br />SECTION 3-17.4, "SPECIFIC STANDARDS FOR NUISANCE <br />ABATEMENT" WITHIN ARTICLE XVII, "NUISANCE ABATEMENT" <br />OF CHAPTER III, "PERFORMANCE CRITERIA" OF PART III, UNIFIED <br />LAND DEVELOPMENT REGULATIONS OF THE CITY OF <br />CASSELBERRY CODE OF ORDINANCES; PROVIDING FOR <br />CODIFICATION, CONFLICTS, SEVERABILITY AND AN EFFECTIVE <br />DATE. <br />WHEREAS, the City has regulated the making, creating and maintenance of excessive, <br />unnecessary, unnatural or unusually loud noises which are prolonged, unusual and unnatural in <br />their time, place and use affect to prevent them from causing a detriment to the public health, <br />comfort, convenience, safety, welfare and prosperity of the residents of the City; and <br />WHEREAS, the Code needs updating due to case law that has provided additional <br />guidance regarding the constitutionality of noise codes; and <br />WHEREAS, these amendments are for the purpose of securing and promoting the public <br />health, comfort, convenience, safety, welfare, and prosperity of the City and its residents; and <br />WHEREAS, words with double underlined type shall constitute additions to the original <br />text and strike a rough type shall constitute deletions to the original text, and asterisks (* * *) <br />indicate that text shall remain unchanged from the language existing prior to adoption of this <br />Ordinance. <br />NOW, THEREFORE, BE IT ENACTED BY THE COMMISSION OF THE CITY <br />OF CASSELBERRY, FLORIDA, AS FOLLOWS: <br />SECTION I. Legislative Findings. The above recitals are hereby adopted as the <br />legislative findings of the City Commission. The City Commission finds and determines that <br />there is competent substantial evidence to support the findings and determinations made in this <br />Section. <br />Ordinance 24-1599 <br />Page 1 of 10 <br />
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